ANT
Lawyers employment practice offers counseling service in the Vietnam labour and
employment compliance and dispute matters. Our Vietnam employment lawyers often
keep track with changes in the Vietnam labour code, the Vietnam employment laws
to provide the clients with the best advice. The recently issued Circular
08/2013/TT-BLDTBXH is guiding the selection, appointment, re-appointment
for mediators for solving labour disputes and dismissal of labour conciliators
as prescribed in Decree No. 46/2013/ND-CP of the Government which details the
implementation of a number of articles of the Labor Code on labour disputes in Vietnam.
1.Each district, town
and provincial city shall have labour mediators. Based on the number of firms
and the level of labour disputes in the area, the Department of Labour,
Invalids and Social Affairs shall determine the amount of the labour mediators;
2.Department of
Labour, Invalids and Social Affairs is responsible for receiving requests for
the mediation of labour disputes, disputes over contracts of labour. The party
that is requesting mediation can suggest a labour mediator and the Department
of Labour, Invalids and Social Affairs will appoint the mediator to involve in
the labour dispute.
3.Dismissal
of labour conciliators in one of the following cases:a) There is an application
for resignation under the labour mediator model No. 05/HGV attached to this
Circular. b) Having 2 years of continuous assessment tasks that are not
completed in accordance with Article 8 of this Circular. c) In case there are
violations of law, an abuse of their credibility or authority. His
responsibility is detrimental to the interests of the parties or the interests
of the state during the reconciliation process in one of the following
cases: i) One of the provisions of Article 3 of the Law on
Anti-Corruption; ii) Perform reconciliation duties not impartial or not
objective The Chairman of the District’s People’s Committee, representing the
Department of Labour, Invalids and Social Affairs in the district level, shall
preside over the meeting to consider the level of illegal labor mediation in
the presence of the labour mediator and the parties relating to the violations
of labour mediation. Minutes of the meeting must be signed by the labour
mediator and the representatives of the involved parties. This Circular takes
effect from July 1, 2013. If Circular 22/2007/TT-BLDTBXH of October 23rd 2007
of the Ministry of Labour, Invalids and Social Affairs is guiding on the
organization and operation of this department and the mediators and labour
regulations in a contrary way to this Circular, this Circular shall be
effective as from the date when it is effective.
Contact Us for Mediation Services in Vietnam provided by qualified mediators and lawyers, supported by field experts. Via email ant@antlawyers.vn, office tel +84 28 730 86 529 or talk to our partner directly at + 84 912 817 823.
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